[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7325 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7325
To establish the Truth and Healing Commission on Indian Boarding School
Policies in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2026
Mr. Cole (for himself and Ms. Davids of Kansas) introduced the
following bill; which was referred to the Committee on Education and
Workforce, and in addition to the Committee on Natural Resources, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish the Truth and Healing Commission on Indian Boarding School
Policies in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Truth and Healing
Commission on Indian Boarding School Policies Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--COMMISSION AND SUBCOMMITTEE
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
Sec. 101. Truth and Healing Commission on Indian Boarding School
Policies in the United States.
Subtitle B--Duties of the Commission
Sec. 111. Duties of the Commission.
Subtitle C--Survivors Truth and Healing Subcommittee
Sec. 121. Survivors Truth and Healing Subcommittee.
TITLE II--ADVISORY COMMITTEES
Subtitle A--Native American Truth and Healing Advisory Committee
Sec. 201. Native American Truth and Healing Advisory Committee.
Subtitle B--Federal and Religious Truth and Healing Advisory Committee
Sec. 211. Federal and Religious Truth and Healing Advisory Committee.
TITLE III--GENERAL PROVISIONS
Sec. 301. Clarification.
Sec. 302. Burial management.
Sec. 303. Co-stewardship agreements.
Sec. 304. No right of action.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to establish a Truth and Healing Commission on Indian
Boarding School Policies in the United States, including other
necessary advisory committees and subcommittees;
(2) to formally investigate, document, and report on the
histories of Indian Boarding Schools, Indian Boarding School
Polices, and the systematic and long-term effects of those
schools and policies on Native American peoples;
(3) to develop recommendations for Federal efforts based on
the findings of the Commission; and
(4) to promote healing for survivors of Indian Boarding
Schools, the descendants of those survivors, and the
communities of those survivors.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Truth
and Healing Commission on Indian Boarding School Policies in
the United States established by section 101(a).
(2) Federal and religious truth and healing advisory
committee.--The term ``Federal and Religious Truth and Healing
Advisory Committee'' means the Federal and Religious Truth and
Healing Advisory Committee established by section 211(a).
(3) Indian.--The term ``Indian'' has the meaning given the
term in section 6151 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7491).
(4) Indian boarding school.--The term ``Indian Boarding
School'' means--
(A) a site of an institution that--
(i) provided on-site housing or overnight
lodging;
(ii) was described in Federal records as
providing formal academic or vocational
training and instruction to Native Americans;
(iii) received Federal funds or other
Federal support; and
(iv) was operational before 1969;
(B) a site of an institution identified by the
Department of the Interior in appendices A and B of the
report entitled ``Federal Indian Boarding School
Initiative Investigative Report'' and dated May 2022
(or a successor report); or
(C) any other institution that implemented Indian
Boarding School Policies, including an Indian day
school.
(5) Indian boarding school policies.--The term ``Indian
Boarding School Policies'' means Federal laws, policies, and
practices purported to ``assimilate'' and ``civilize'' Native
Americans that included psychological, physical, sexual, and
mental abuse, forced removal from home or community, and
identity-altering practices intended to terminate Native
languages, cultures, religions, social organizations, or
connections to traditional land.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Native american.--The term ``Native American'' means an
individual who is--
(A) an Indian; or
(B) a Native Hawaiian.
(8) Native american truth and healing advisory committee.--
The term ``Native American Truth and Healing Advisory
Committee'' means the Native American Truth and Healing
Advisory Committee established by the Commission under section
201(a).
(9) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(10) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit organization
that--
(A) serves and represents the interests of Native
Hawaiians;
(B) has as its primary and stated purpose the
provision of services to Native Hawaiians;
(C) has Native Hawaiians serving in substantive and
policymaking positions; and
(D) has expertise in Native Hawaiian affairs.
(11) Office of hawaiian affairs.--The term ``Office of
Hawaiian Affairs'' has the meaning given the term in section
6207 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7517).
(12) Survivors truth and healing subcommittee.--The term
``Survivors Truth and Healing Subcommittee'' means the
Survivors Truth and Healing Subcommittee established by section
121(a).
(13) Trauma-informed care.--The term ``trauma-informed
care'' means holistic psychological and health care practices
that include promoting culturally responsive practices, patient
psychological, physical, and emotional safety, and environments
of healing, trust, peer support, and recovery.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
TITLE I--COMMISSION AND SUBCOMMITTEE
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
SEC. 101. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL
POLICIES IN THE UNITED STATES.
(a) Establishment.--There is established in the legislative branch
a commission, to be known as the ``Truth and Healing Commission on
Indian Boarding School Policies in the United States''.
(b) Membership.--
(1) Appointment.--Nominees submitted under paragraph (2)(A)
shall be appointed as members to the Commission as follows:
(A) 1 member shall be appointed by the majority
leader of the Senate, in consultation with the
Chairperson of the Committee on Indian Affairs of the
Senate.
(B) 1 member shall be appointed by the minority
leader of the Senate, in consultation with the Vice
Chairperson of the Committee on Indian Affairs of the
Senate.
(C) 1 member shall be appointed by the Speaker of
the House of Representatives, in consultation with the
Chair of the Committee on Natural Resources of the
House of Representatives.
(D) 1 member shall be appointed by the minority
leader of the House of Representatives, in consultation
with the Ranking Member of the Committee on Natural
Resources of the House of Representatives.
(E) 1 member shall be jointly appointed by the
Chairperson and Vice Chairperson of the Committee on
Indian Affairs of the Senate.
(2) Nominations.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, Indian Tribes,
Tribal organizations, Native Americans, the Office of
Hawaiian Affairs, and Native Hawaiian organizations may
submit to the Secretary of the Interior nominations for
individuals to be appointed as members of the
Commission.
(B) Submission to congress.--Not later than 7 days
after the submission deadline for nominations described
in subparagraph (A), the Secretary of the Interior
shall submit to Congress a list of the individuals
nominated under that subparagraph.
(C) Qualifications.--
(i) In general.--Nominees to serve on the
Commission shall have significant experience in
matters relating to--
(I) overseeing or leading complex
research initiatives with and for
Indian Tribes and Native Americans;
(II) indigenous human rights law
and policy;
(III) Tribal court judicial and
restorative justice systems and Federal
agencies, such as participation as a
Tribal judge, researcher, or former
presidentially appointed commissioner;
(IV) providing and coordinating
trauma-informed care and other health-
related services to Indian Tribes and
Native Americans; or
(V) traditional and cultural
resources and practices in Native
communities.
(ii) Additional qualifications.--In
addition to the qualifications described in
clause (i), each member of the Commission shall
be an individual of recognized integrity and
empathy, with a demonstrated commitment to the
values of truth, reconciliation, healing, and
expertise in truth and healing endeavors that
are traditionally and culturally appropriate so
as to provide balanced points of view and
expertise with respect to the duties of the
Commission.
(3) Date.--Members of the Commission under paragraph (1)
shall be appointed not later than 180 days after the date of
the enactment of this Act.
(4) Period of appointment; vacancies; removal.--
(A) Period of appointment.--A member of the
Commission shall be appointed for a term that is the
shorter of--
(i) 6 years; and
(ii) the life of the Commission.
(B) Vacancies.--After all initial members of the
Commission are appointed and the initial business
meeting of the Commission has been convened under
subsection (c)(1), a single vacancy in the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled within 90 days in the
same manner as was the original appointment.
(C) Removal.--A quorum of members of the Commission
may remove a member of the Commission only for neglect
of duty or malfeasance.
(5) Termination.--The Commission shall terminate 6 years
after the date of the enactment of this Act.
(6) Limitation.--No member of the Commission may otherwise
be an officer or employee of the Federal Government.
(c) Business Meetings.--
(1) Initial business meeting.--90 days after the date on
which all of the members of the Commission are appointed under
subsection (b)(1)(A), the Commission shall hold the initial
business meeting of the Commission--
(A) to appoint a Chairperson, a Vice Chairperson,
and such other positions as determined necessary by the
Commission;
(B) to establish rules for meetings of the
Commission; and
(C) to appoint members of--
(i) the Survivors Truth and Healing
Subcommittee under section 121(b)(1); and
(ii) the Native American Truth and Healing
Advisory Committee under section 201(b)(1).
(2) Subsequent business meetings.--After the initial
business meeting of the Commission is held under paragraph (1),
the Commission shall meet at the call of the Chairperson.
(3) Advisory and subcommittee committees designees.--Each
Commission business meeting shall include participation by 2
non-voting designees from each of the Survivors Truth and
Healing Subcommittee, the Native American Truth and Healing
Advisory Committee, and the Federal and Religious Truth and
Healing Advisory Committee, as appointed in accordance with
section 121(c)(1)(D), section 201(e)(1)(C), and section
211(c)(1)(B), as applicable.
(4) Format of meetings.--A business meeting of the
Commission may be conducted in-person or virtually.
(5) Quorum required.--A business meeting of the Commission
may be held only after a quorum, established in accordance with
subsection (d), is present.
(d) Quorum.--A simple majority of the members of the Commission
shall constitute a quorum for a business meeting.
(e) Rules.--The Commission may establish, by a majority vote, any
rules for the conduct of Commission business, in accordance with this
section and other applicable law.
(f) Commission Personnel Matters.--
(1) Compensation of commissioners.--A member of the
Commission shall be compensated at a daily equivalent of the
annual rate of basic pay prescribed for grade 5 of the General
Schedule under section 5332 of title 5, United States Code, for
each day, not to exceed 10 days per month, for which a member
is engaged in the performance of their duties under this Act,
limited to convening meetings, including public or private
meetings to receive testimony in furtherance of the duties of
the Commission and the purposes of this Act.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency and at the request of the Commission, may be
detailed to the Commission without--
(A) reimbursement to the agency of that employee;
and
(B) interruption or loss of civil service status,
benefits, or privileges.
(g) Powers of Commission.--
(1) Convenings and information.--The Commission may, for
the purpose of carrying out this Act--
(A) hold such convenings and sit and act at such
times and places, take such testimony, and receive such
information, virtually or in-person, as the Commission
may determine necessary to accomplish the purposes of
this Act;
(B) conduct or request such interdisciplinary
research, investigation, or analysis of such
information and documents, records, or other data as
the Commission may determine necessary to accomplish
the purposes of this Act, including--
(i) securing, directly from a Federal
agency, such information as the Commission
considers necessary to accomplish the purposes
of this Act; and
(ii) requesting the head of any relevant
Tribal or State agency to provide to the
Commission such information as the Commission
considers necessary to accomplish the purposes
of this Act;
(C) request such records, papers, correspondence,
memoranda, documents, books, videos, oral histories,
recordings, or any other paper or electronic material,
as the Commission may determine necessary to accomplish
the purposes of this Act;
(D) oversee, direct, and collaborate with the
Federal and Religious Truth and Healing Advisory
Committee, the Native American Truth and Healing